[Congressional Record Volume 164, Number 65 (Monday, April 23, 2018)]
[Senate]
[Pages S2346-S2348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL:
  S. 2730. A bill to amend the Public Health Service Act to establish a 
pilot program to help individuals in recovery from a substance use 
disorder transition from treatment to independent living and the 
workforce, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2730

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Addiction 
     Recovery through Effective Employment and Reentry Act'' or 
     the ``CAREER Act''.

     SEC. 2. PILOT PROGRAM TO HELP INDIVIDUALS IN RECOVERY FROM A 
                   SUBSTANCE USE DISORDER TRANSITION TO 
                   INDEPENDENT LIVING AND THE WORKFORCE.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 320B. PILOT PROGRAM TO HELP INDIVIDUALS IN RECOVERY 
                   FROM A SUBSTANCE USE DISORDER TRANSITION TO 
                   INDEPENDENT LIVING AND THE WORKFORCE.

       ``(a) In General.--The Secretary shall establish a pilot 
     program to award 5-year grants under subsection (b)(1) to 
     States, and 1-year grants under subsection (b)(2) to States 
     or Indian tribes, for the purpose of making subgrants to 
     entities under subsection (c) to help individuals in recovery 
     from a substance use disorder transition from treatment to 
     independent living and the workforce.
       ``(b) Grants.--
       ``(1) 5-year grants.--
       ``(A) In general.--The Secretary shall award 5-year grants 
     under this paragraph to 5 States that submit an application 
     under paragraph (3). Such States shall be selected--
       ``(i) from among the 10 States with the highest rate of 
     death due to drug overdose per 100,000 people, based on data 
     from the Centers for Disease Control and Prevention for 
     calendar years 2013 through 2017; and
       ``(ii) based on the merits of the proposal included in such 
     application and the preferences described in subparagraph 
     (B).
       ``(B) Preferences.--The Secretary, in selecting States for 
     a grant under this paragraph, shall give priority to States 
     from among the States described in subparagraph (A) with the 
     combination of--
       ``(i) the highest average rates of unemployment based on 
     data provided by the Bureau of Labor Statistics for calendar 
     years 2013 through 2017;
       ``(ii) the lowest average labor force participation rates 
     based on data provided by the Bureau of Labor Statistics for 
     calendar years 2013 through 2017; and
       ``(iii) the highest prevalence of opioid use disorder based 
     on data provided by the Substance Abuse and Mental Health 
     Services Administration for calendar years 2013 through 2017 
     as may be available.
       ``(C) Grant funds.--
       ``(i) In general.--The funds from a 5-year grant awarded 
     under this paragraph shall be provided to each of the 5 
     selected States on an annual basis for each of fiscal years 
     2019 through 2023.
       ``(ii) Carry over.--

       ``(I) In general.--The funds awarded under clause (i) for a 
     fiscal year shall remain available for the State to make 
     subgrants under subsection (c) for such fiscal year, except a 
     State may carry over (subject to subclause (II)) not more 
     than 10 percent of such funds for the following fiscal year 
     for such purpose.
       ``(II) Request.--A State may make a request to the 
     Secretary to carry over more than 10 percent of the funds 
     awarded under clause (i) for a fiscal year for the following 
     fiscal year for such purpose, and the Secretary may grant 
     such request as the Secretary determines appropriate.
       ``(III) Amount for following fiscal year.--Any amount 
     carried over under this clause shall not impact the amount of 
     the funds the Secretary awards the State for such following 
     fiscal year.

       ``(iii) Return of funds.--Any funds awarded under clause 
     (i) that are not expended during the fiscal year for which 
     the funds are awarded and that are not carried over for the 
     following fiscal year under clause (ii) shall be returned to 
     the Secretary to carry out this section. Any funds returned 
     to the Secretary after fiscal year 2023 shall be returned to 
     the general fund of the Treasury.
       ``(2) 1-year grants.--
       ``(A) In general.--The Secretary shall, for each of fiscal 
     years 2019 through 2023, award 1-year grants to States or 
     Indian tribes under this paragraph that submit an application 
     in accordance with paragraph (3). Such States or Indian 
     tribes shall be selected for a grant under this paragraph 
     based on criteria established by the Secretary.
       ``(B) Grant funds.--
       ``(i) In general.--The funds awarded through a grant under 
     subparagraph (A) for a fiscal year shall remain available for 
     the State or Indian tribe to make subgrants under subsection 
     (c) for such fiscal year and may not be carried over for such 
     following fiscal year.
       ``(ii) Return of funds.--Any funds awarded through a grant 
     under subparagraph (A) that are not expended during the 
     fiscal year of the grant shall be returned to the Secretary 
     to carry out this section. Any funds returned to the 
     Secretary after fiscal year 2023 shall be returned to the 
     general fund of the Treasury.
       ``(3) Applications.--
       ``(A) In general.--Each State desiring a grant under 
     paragraph (1) and each State or Indian tribe desiring a grant 
     under paragraph (2) shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may reasonably require for such grant.
       ``(B) Contents.--
       ``(i) In general.--An application submitted under 
     subparagraph (A) shall contain such information as the 
     Secretary may reasonably require, including a proposal for 
     awarding subgrants under subsection (c) and a method for 
     evaluating such subgrants.
       ``(ii) 5-year grants.--An application submitted under 
     subparagraph (A) for a grant awarded under subsection (b)(1) 
     shall include an assurance that not less than 50 percent of 
     the funds awarded through the grant will be used towards 
     making subgrants under subsection (c) to the entities 
     applying for such subgrants that serve the areas in the State 
     with the highest prevalence of substance use disorder, based 
     on data determined appropriate by the Secretary.
       ``(c) Subgrants.--
       ``(1) In general.--Each State that receives a grant under 
     subsection (b)(1) and each State or Indian tribe that 
     receives a grant under subsection (b)(2) shall award 
     subgrants on a competitive basis to entities that meet the 
     requirements under paragraphs (2) and (3).
       ``(2) Subgrant requirements.--
       ``(A) Application.--An entity that desires a subgrant under 
     this subsection shall submit an application to the State or 
     Indian tribe at such time and in such manner as the State or 
     Indian tribe may reasonably require.
       ``(B) Contents.--An application submitted under 
     subparagraph (A) by an entity shall contain such information 
     as the State or Indian tribe may reasonably require, 
     including a demonstration that the entity has one or more of 
     the following abilities:
       ``(i) The ability to partner with local stakeholders, which 
     may include local employers, community stakeholders, and 
     local and State governments, to identify gaps in the 
     workforce due to the prevalence of substance use disorders.
       ``(ii) The ability to partner with local stakeholders, 
     which may include local employers, community stakeholders, 
     and local and State governments, to offer transitional 
     services, including employment and career counseling or job 
     placement, to help individuals in recovery from a substance 
     use disorder transition into the workforce.

[[Page S2347]]

       ``(iii) The ability to partner with local stakeholders, 
     which may include local employers, community stakeholders, 
     and local and State governments, to assist employers with 
     informing their employees of the resources, such as treatment 
     options for a substance use disorder, that are available to 
     them.
       ``(3) Use of funds.--An entity receiving a subgrant under 
     this subsection shall use the subgrant funds for more than 
     one of the following:
       ``(A) To hire specialists with an expertise in treating 
     substance use disorders, including through residential 
     treatment, to assist with the treatment provided through a 
     subgrant under this subsection, which may include the use of 
     medication-assisted treatment.
       ``(B) To provide wrap-around services to encourage 
     substance use disorder prevention, treatment, recovery, and 
     rehabilitation, with a focus on ensuring long-term recovery 
     and symptom remission.
       ``(C) To help individuals transition from inpatient 
     treatment for a substance use disorder to the workforce by 
     providing--
       ``(i) career services described in paragraph (2), and 
     training services described in paragraph (3), of section 
     134(c) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3174(c)); and
       ``(ii) related services described in section 134(a)(4)(D) 
     of such Act (42 U.S.C. 3174(a)(4)(D)).
       ``(D) To implement innovative technologies to make 
     substance use disorder treatment more affordable and 
     accessible, which may include the use of telemedicine, and 
     may assist individuals in finding and maintaining employment 
     throughout recovery.
       ``(E) To provide ongoing outpatient substance use disorder 
     treatment programs, including peer support meetings, for 
     individuals who have recovered or are in recovery from a 
     substance use disorder while they transition from receiving 
     treatment for such disorder to entering the workforce and 
     maintaining employment.
       ``(F) To assist patients, including through hiring case 
     managers, care coordinators, or trained peer recovery 
     coaches, in recovery from a substance use disorder, including 
     through programs to provide services to develop daily living 
     skills, provide counseling, and provide housing assistance, 
     and through other appropriate Federal Government assistance 
     programs.
       ``(G) With respect to an entity that provides the full 
     continuum of substance use disorder treatment services, which 
     may include detoxification, residential rehabilitation, 
     recovery housing, evidence-based treatments (which may 
     include the use of medication-assisted treatment), 
     counseling, and recovery supports, to expand such services to 
     include services that may include--
       ``(i) short-term prevocational training services, such as 
     the development of learning skills, communication skills, 
     interviewing skills, punctuality, personal maintenance 
     skills, and professional conduct;
       ``(ii) vocational training, which shall emphasize the 
     skills or knowledge necessary for a particular job function 
     or trade; and
       ``(iii) care coordination throughout the short- and long-
     term substance use disorder recovery process.
       ``(H) Any other service determined by the Secretary as 
     necessary for achieving the goal of transitioning individuals 
     from treatment for substance use disorders to independent 
     living and the workforce or to encouraging substance use 
     disorder prevention in the workforce.
       ``(d) Consultation.--The Secretary may, in carrying out the 
     pilot program under this section, consult with the Assistant 
     Secretary for Substance Use and Mental Health, the 
     Administrator of the Health Resources and Services 
     Administration, the Secretary of Labor, the Secretary of 
     Housing and Urban Development, and the Secretary of 
     Education.
       ``(e) Reporting Requirements.--
       ``(1) Reports to the secretary.--
       ``(A) 5-year grants.--Not later than December 31, 2021, 
     each State that has received a grant under subsection (b)(1) 
     shall report to the Secretary on its progress and 
     effectiveness in meeting the objectives of the pilot program 
     under this section, including the progress and effectiveness 
     of the entities receiving subgrants under subsection (c) as 
     demonstrated through reports of such progress and 
     effectiveness submitted to the State by such entities.
       ``(B) 1-year grants.--Not later than December 31 of the 
     fiscal year following the fiscal year for which a grant is 
     awarded under subsection (b)(2), the State or Indian tribe 
     receiving such grant shall report to the Secretary on its 
     progress and effectiveness in meeting the objectives of the 
     pilot program under this section, including the progress and 
     effectiveness of the entities receiving subgrants under 
     subsection (c) which may be demonstrated through reports of 
     such progress and effectiveness submitted to the State or 
     Indian tribe by such entities.
       ``(2) Report to congress.--Not later than December 31, 
     2024, the Secretary shall submit a report to Congress, 
     including any applicable authorizing committee of the Senate 
     or House of Representatives, evaluating the grants awarded 
     under this section.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated $200,000,000, for each of fiscal years 
     2019 through 2023, to carry out this section. Out of such 
     amount appropriated for each such fiscal year--
       ``(1) 75 percent shall be used to make grants under 
     subsection (b)(1); and
       ``(2) 25 percent shall be used to make grants under 
     subsection (b)(2).''.

     SEC. 3. TRANSITIONAL HOUSING SERVICES.

       (a) In General.--Section 105(a) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5305(a)) is 
     amended--
       (1) in paragraph (25)(D), by striking ``and'' at the end;
       (2) in paragraph (26), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(27) providing temporary housing services to individuals 
     who are transitioning out of substance abuse treatment 
     programs for--
       ``(A) a period of not more than 24 months or until the 
     individual secures permanent housing, whichever is earlier; 
     or
       ``(B) such longer period as the Secretary determines 
     necessary.''.
       (b) Additional CDBG Authorization of Appropriations.--
       (1) Definition of covered entity.--In this subsection, the 
     term ``covered entity'' means--
       (A) a State (as defined in section 102(a) of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5302(a)) 
     that is among the 10 States with the highest rate of death 
     due to drug overdose per 100,000 people, based on data from 
     the Centers for Disease Control and Prevention for calendar 
     years 2013 through 2017; and
       (B) any entitlement community located in a State described 
     in subparagraph (A).
       (2) Authorization of appropriations.--In addition to any 
     amounts appropriated for the community development block 
     grant program under title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), there are 
     authorized to be appropriated $25,000,000 for each of fiscal 
     years 2019 through 2023, to be allocated by the Secretary of 
     Housing and Urban Development on a competitive basis to 
     covered entities to carry out the activity described in 
     paragraph (27) of section 105(a) of such Act (42 U.S.C. 
     5305(a)), as added by subsection (a).
       (3) Preferences.--In allocating amounts authorized to be 
     appropriated under paragraph (2), the Secretary of Housing 
     and Urban Development shall give priority to--
       (A) States from among the States described in paragraph 
     (1)(A) with a combination of--
       (i) the highest average rates of unemployment based on data 
     provided by the Bureau of Labor Statistics for calendar years 
     2013 through 2017;
       (ii) the lowest average labor force participation rates 
     based on data provided by the Bureau of Labor Statistics for 
     calendar years 2013 through 2017; and
       (iii) the highest prevalence of opioid use disorder based 
     on data provided by the Substance Abuse and Mental Health 
     Services Administration for calendar years 2013 through 2017 
     as may be available; and
       (B) entitlement communities located in a State described in 
     clause (i), (ii), or (iii) of subparagraph (A).

     SEC. 4. SUBSTANCE USE DISORDER TRANSITION ACTIVITIES.

       (a) Reservations for State Activities.--Section 133(a)(1) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3173(a)(1)) is amended--
       (1) by striking ``The Governor'' and inserting the 
     following:
       ``(A) In general.--The Governor''; and
       (2) by adding at the end the following:
       ``(B) Substance use disorder transition activities.--
       ``(i) Adult and dislocated funds.--Of the funds reserved as 
     required under section 128(a)(1) and subparagraph (A), the 
     Governor of a State with an application approved under 
     section 134(a)(4) may reserve a sum of not more than 5 
     percent of each of the amounts allotted to the State under 
     paragraphs (1)(B) and (2)(B) of section 132(b) for a fiscal 
     year for substance use disorder transition activities 
     described in section 134(a)(4). Notwithstanding sections 
     128(a)(2), 129(b), and 134(a), the Governor may not use an 
     amount allotted under section 127(b)(1)(C) for those 
     activities.
       ``(ii) Vocational rehabilitation funds.--The Governor of a 
     State with such an approved application may reserve funds as 
     described in section 110(e) of the Rehabilitation Act of 1973 
     (29 U.S.C. 730(e)) for substance use disorder transition 
     activities described in section 134(a)(4).''.
       (b) Statewide Employment and Training Activities.--
       (1) In general.--Section 134(a)(1) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3174(a)(1)) is 
     amended--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), in the matter following clause 
     (ii), by striking the period and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) as described in section 133(a)(1)(B), may be used for 
     substance use disorder transition activities as described in 
     paragraph (4), regardless of whether the funds were allotted 
     to the State under paragraph (1) or (2) of section 132(b).''.
       (2) Substance use disorder transition activities.--Section 
     134(a) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3174(a)) is amended by adding at the end the 
     following:
       ``(4) Substance use disorder transition activities.--
       ``(A) Definitions.--In this paragraph:

[[Page S2348]]

       ``(i) Appropriate secretary.--The term `appropriate 
     Secretary' means--

       ``(I) except as provided in subclause (II), the Secretary 
     of Labor; or
       ``(II) if the application involves funds reserved under 
     section 110(e) of the Rehabilitation Act of 1973 (29 U.S.C. 
     730(e)), the Secretary of Labor and the Secretary of 
     Education.

       ``(ii) Substance use disorder.--The term `substance use 
     disorder' means such a disorder within the meaning of the 
     term in title V of the Public Health Service Act (42 U.S.C. 
     290aa et seq.).
       ``(iii) Substance use disorder transition activities.--The 
     term `substance use disorder transition activities' means 
     activities authorized under subparagraph (D) or (E).
       ``(B) Eligible states.--To be eligible to use the funds 
     reserved under clause (i) or (ii) of section 133(a)(1)(B) for 
     substance use disorder transition activities described in 
     this paragraph, a State shall--
       ``(i) submit to the appropriate Secretary an application 
     seeking flexibility to use the reserved funds for such 
     activities, and submit the application at such time, in such 
     manner, and containing such information as the appropriate 
     Secretary may require, including an assurance that the State 
     will award subgrants to entities on the basis of the ability 
     of the entities to provide the substance use disorder 
     transition activities involved, including any programs that 
     the entities propose to provide that lead to recognized 
     postsecondary credentials; and
       ``(ii) obtain approval of the application.
       ``(C) Subgrants.--An eligible State may use the funds 
     reserved under clause (i) or (ii) of section 133(a)(1)(B) to 
     make subgrants to one-stop operators and nonprofit 
     organizations, to provide services under subparagraph (D) and 
     (at the election of the State) subparagraph (E).
       ``(D) Career services.--An entity that receives a subgrant 
     under subparagraph (C) shall use the subgrant funds to assist 
     individuals in recovery from a substance use disorder in 
     transitioning to the workforce, by providing career services 
     (such as the services described in section 134(c)(2)) and 
     related services, which may include 1 or more of--
       ``(i) providing ongoing career counseling, both before and 
     after job placement, with a focus on individual employment 
     preferences while weighing the skill needs of industries in 
     the local area;
       ``(ii) promoting systemic job development, by facilitating 
     voluntary programs and relationships between participants and 
     local employers to create potential employment opportunities;
       ``(iii) providing benefits counseling--

       ``(I) to ensure participants receive accurate information 
     regarding how employment will affect access to various 
     Federal programs, such as the Medicaid program established 
     under title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.) and the supplemental security income program 
     established under title XVI of that Act (42 U.S.C. 1381 et 
     seq.); and
       ``(II) to advise participants on ways to transition away 
     from the programs described in subclause (I) through 
     maintaining employment;

       ``(iv) creating voluntary programs with employers to 
     establish a work and treatment arrangement, such as an 
     Employee Assistance Program, for employees in recovery from a 
     substance use disorder;
       ``(v) providing educational materials or training to 
     employers to enable the employers to inform their employees 
     of the resources, such as treatment options for a substance 
     use disorder, that are available to them; and
       ``(vi) any other career services that are determined to be 
     necessary by the appropriate Secretary and that would assist 
     individuals in recovery from a substance use disorder in 
     transitioning to the workforce.
       ``(E) Training services.--An entity that receives a 
     subgrant under subparagraph (C) shall (at the election of the 
     State) use the subgrant funds to assist individuals in 
     recovery from a substance use disorder in transitioning to 
     the workforce, by providing training services.''.
       (c) Administration.--Section 181 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3241) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Relationship to Other Laws.--
       ``(1) Disability nondiscrimination law.--Subject to 
     paragraph (2), an employer that employs, or considers for 
     employment, any individual who receives services under this 
     section or under section 320B of the Public Health Service 
     Act shall have an absolute defense to any claim (including a 
     charge) of unlawful discrimination on the basis of disability 
     under a covered law, that alleges that the employer 
     discriminated against that individual (which may include 
     refusing to hire or terminating the employment of the 
     individual) based on alcohol addiction or past substance use 
     disorder for which the individual receives such services.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to eliminate the duty of the employer, to an 
     employee who is an individual who receives such services, to 
     provide a reasonable accommodation for an alcohol disorder, 
     or a past substance use disorder, that is a disability under 
     a covered law.
       ``(3) Definitions.--In this subsection:
       ``(A) Covered law.--The term `covered law' means title I of 
     the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 
     et seq.), title V of the Rehabilitation Act of 1973 (29 
     U.S.C. 791 et seq.), or a State law (including local law), 
     that prohibits discrimination on the basis of disability in 
     employment.
       ``(B) Substance use disorder.--The term `substance use 
     disorder' means such a disorder within the meaning of the 
     term in title V of the Public Health Service Act (42 U.S.C. 
     290aa et seq.).''.
       (d) Other Core Programs.--Section 110 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 730) is amended by adding at the end 
     the following:
       ``(e)(1) In the case of a transition State, from any State 
     allotment under subsection (a) for a fiscal year, the State 
     may reserve not more than 5 percent of the allotted funds for 
     substance use disorder transition activities described in 
     section 134(a)(4) of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3174(a)(4)).
       ``(2) In this section, the term `transition State' means a 
     State with an application approved under section 134(a)(4) of 
     the Workforce Innovation and Opportunity Act.''.

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